BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 471
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      AB 471 (Nava) - As Amended:  May 6, 2009 

          Policy Committee:                               
          JudiciaryVote:10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill clarifies existing law regarding legal representation  
          of state agencies and officers.  Specifically, this bill:  

          1)Provides that, while a state agency, commissioner, or officer  
            may employ in-house legal counsel to provide legal advice,  
            only the Attorney General's (AG's) office shall represent any  
            of these parties in a judicial or other proceeding in which  
            the agency, commissioner, or officer is an interested party,  
            or is a party as a result of their office or official duties,  
            unless express written consent is given by the AG.

          2)Provides that when the AG consents to a state agency,  
            commissioner, or officer employing in-house or outside counsel  
            in a judicial or other proceeding, the AG retains authority to  
            intervene in the proceeding or appear as amicus curiae (friend  
            of the court) to the extent permitted by law.

          3)Clarifies that nothing prohibits the AG from providing a state  
            agency, commissioner, or officer, with legal advice outside  
            the context of a judicial or other proceeding.

          4)Provides that, in determining whether to give consent to a  
            state agency, commissioner, or officer to employ in-house or  
            outside counsel in a judicial or other proceeding, the AG may  
            consider factors such as conflicts of interest, the AG's  
            staffing needs, and the availability of subject matter  
            expertise. 

          5)Defines "judicial and other proceedings," to mean litigation  
            in any civil court, administrative adjudicatory proceedings  








                                                                  AB 471
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            governed by the California Administrative Procedures Act or by  
            the United States Administrative Procedures Act, or any  
            arbitration proceeding.

           FISCAL EFFECT  

          Negligible fiscal impact, as the bill simply provides clarity  
          with respect to appropriate legal counsel in judicial  
          proceedings and other legal matters.

           COMMENTS  

           Purpose  .  According to the author, "Under existing law, the  
          Attorney General is presumptively the legal counsel for state  
          agencies, with some exceptions.  However, the code provisions  
          that establish this authority are not sufficiently clear and  
          there are state agencies that are asserting authority to retain  
          legal counsel without clear authority to do so.  This bill would  
          clearly establish the Attorney General's authority to act as  
          legal counsel for state agencies in civil litigation before  
          courts and administrative bodies.  The bill would also establish  
          clear authority for state agencies to retain in-house legal  
          counsel to provide advice in non-litigation matters, without  
          first having to obtain the Attorney General's consent."

          The bill clarifies that the requirement in existing law to  
          obtain the consent of the AG to employ counsel applies only to  
          the retention of "outside counsel" for the purposes of  
          representation in a judicial or other proceeding, and not to  
          "in-house counsel" for the purposes of providing legal advice  
          (that is, not for the purposes of representation in a judicial  
          proceeding), which the bill expressly authorizes state agencies  
          and others to employ.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081